Minerals Development Act 2017

Granting mining licence

65. Subject to section 67 , the Minister shall grant a mining licence in respect of specified minerals in or on specified land to a nominee company on the application of a licensee under a prospecting licence or retention licence if—

(a) the Minister has accepted the application for the licence and the application is valid under section 62 ,

(b) the nominee company continues to meet the requirements of section 75 ,

(c) the Minister is of the opinion that it is in the public interest that the minerals be worked,

(d) the Minister is satisfied that the proposed mining plan is feasible and that the nominee company has the financial resources and technical ability to carry out the plan,

(e) the Minister is satisfied that, where so required, planning permission under the Planning and Development Acts 2000 to 2016 has been granted in respect of the development comprised in the application,

(f) the nominee company is a fit and proper person (as provided for by section 74 ) to be a licensee,

(g) the applicant submits a current tax clearance certificate in the name of the nominee company and the remainder of the prescribed application fee,

(h) the applicant and nominee company provide the prescribed information and evidence and any additional information or evidence required by the Minister,

(i) the requirements of section 69 regarding public notice and consideration of objections have been complied with,

(j) the nominee company obtains insurance of the classes and in the amounts that are satisfactory to the Minister,

(k) the Minister and the nominee company have agreed on—

(i) the mining licence fees and royalties to be paid, the amounts of which are in accordance with the regulations made under section 76 and royalties regulations made under section 77 ,

(ii) when those fees are to be paid,

(iii) the term of the licence, and

(iv) any terms or conditions of the licence under section 79 (3),

(l) the first instalment of the mining licence fees has been submitted, and

(m) the Minister is satisfied that the proposed mining plan would be likely to lead to a commercially viable mine.